Ala. Code §§ 6-6-310 to 6-6-353 § 6-6-316
Action of Trespass, Etc., Not Precluded.
Operative Text
No proceedings had under this article or judgment entered bars or prevents the party injured from prosecuting an action of trespass or other action against the aggressor or party offending.
Under Ala. Code §§ 6-6-310 to 6-6-353, § 6-6-316, the unlawful detainer or eviction proceedings authorized by this article do not extinguish any separate civil claims that an injured party may have. A judgment entered through these statutory proceedings leaves intact the right to bring an independent action—such as a trespass claim—against the offending party. In other words, resolving a possession dispute through this article does not serve as a bar to additional civil litigation arising from the same conduct.
Plain English — not legal advice.
Property owners and managers operating under Ala. Code § 6-6-316 should be aware that prevailing in an unlawful detainer action does not shield them from separate civil claims a tenant might bring for trespass or related wrongs. Compliant operators generally ensure that their conduct during any possession dispute does not independently give rise to tortious acts—such as unlawful entry or interference with a tenant's property—that could form the basis of a follow-on lawsuit. Understanding that the two legal tracks run independently helps operators approach possession proceedings with care for how their actions may be evaluated in any subsequent civil action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ala. Code § 6-6-316 preserves a tenant's right to pursue independent civil claims—such as a trespass action—even after unlawful detainer proceedings have concluded. A judgment in a possession case does not prevent an injured party from seeking additional remedies in a separate lawsuit against the party whose conduct caused harm. Tenants who believe they have been wronged beyond the possession dispute itself may wish to consult a tenant-rights organization or attorney to understand what civil claims may remain available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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